If you found your way to this page, chances are you or someone you love is dealing with a DWI charge that also involves an open container. That can feel overwhelming. You might be scared, unsure of what will happen next, and worried about your future. That is completely normal. Many people feel the same way when facing these kinds of charges. The truth is that DWI cases with open container violations can be serious, but you are not alone. There is help available, and there are ways to move forward with the right support.
What Is an Open Container in Texas
In Texas, an open container means any bottle, can, or other type of container that has alcohol in it and has been opened, has a broken seal, or has some of the liquid removed. If that container is in the passenger area of a car, it is a violation of the law. The passenger area means anywhere someone can sit, including the front and back seats, but it also includes places like the glove box if it is unlocked. The trunk or a locked container is not considered the passenger area.
This law applies whether the car is moving or parked. Even if you are not drinking from it, if the container is open and in the wrong place, it can count against you. Texas takes this seriously because it connects the presence of open alcohol with the possibility that the driver may have been drinking or might drink while driving.
How a DWI and an Open Container Violation Work Together
A DWI, or driving while intoxicated, is already a serious offense in Texas. It means someone was driving a vehicle while not having full use of their mental or physical abilities because of alcohol or drugs. If police find an open container in the vehicle during a DWI stop, it can make the situation worse.
When both a DWI and an open container violation are charged at the same time, the penalties can increase. Even if this is your first DWI, having an open container can add more jail time or a higher fine. It tells the court that there may have been drinking in the car, which makes the case more dangerous in the eyes of the law. Prosecutors often use this fact to push for stronger punishments.
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How Texas Courts Treat These Cases
Texas courts view open container violations in DWI cases as a sign of greater risk. Judges look at the whole picture. Was the container in plain view Did it seem like the driver had been drinking from it Was there more than one open container in the car These details can affect how the court sees the case.
Courts often treat the open container as evidence that supports the DWI charge. It might make it harder to argue that you were not drinking or were not impaired. It can also affect how much sympathy a judge or jury feels. The more dangerous the situation appears, the more likely the court is to hand down stronger punishments.
For example, having an open container can turn a DWI arrest into a mandatory minimum sentence. In Texas, if a person is convicted of DWI and there was an open container, they can face a minimum of six days in jail, even if it is their first offense. Without the open container, that minimum might not apply.
Better call Doug!! Doug is the best lawyer you can find for DWI or DUI cases in Dallas. I read many reviews before choosing Doug for representing my case. Doug handled DWI and DUI cases for last 25 years, He has good relationships with DA office and is Well respected in the community. I have peace of mind with plea bargain today for my case. He also won other case filed on my license suspension. Amy (Paralegal) will help you through out the case. She is very persistent and detailed about the case details. You will never go wrong for chosing Doug. Goodluck. !!”
- Anil Lingutla
I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10."
- Isaac Harrell
After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm."
- JJ Canter
Why the Police Focus on Open Containers
Police officers are trained to look for open containers during a traffic stop, especially if they suspect drunk driving. They know that finding one can help build a stronger case. The presence of alcohol within reach tells them that drinking may have happened just before or even during the drive.
During a DWI investigation, an officer might ask to search your vehicle. If they find an open bottle or can, they will document it, take pictures, and include it in their report. That report becomes a big part of what the court will review when deciding how to handle the case. If you refuse a test or show signs of drinking, the open container adds to the list of evidence.
What a Lawyer Can Do in These Cases
If you are facing a DWI charge with an open container violation, having a lawyer by your side is very important. These cases are complex. There are many moving parts, from the way the stop was handled to how the evidence was collected. A lawyer can look at the case closely and find out if your rights were violated or if the police made mistakes.
Sometimes the open container was not yours. Maybe it was left by a passenger or someone who used the car before you. Maybe it was in a bag and not visible. In some cases, the police did not have the right to search the vehicle in the first place. These details can make a big difference in how the case turns out.
A lawyer can also talk to the judge and prosecutor for you. They may be able to negotiate a better outcome, such as a reduced charge or a lighter sentence. If the case does go to trial, your lawyer will build a defense to explain what really happened and why the open container should not count against you.
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Understanding What Is at Stake
The consequences of a DWI with an open container in Texas can be long-lasting. You could face jail time, a heavy fine, loss of your driver’s license, and even trouble finding a job or housing. It can affect your insurance, your reputation, and your peace of mind. That is why taking quick action is so important.
The court will look at more than just your BAC, or blood alcohol level. It will look at the whole situation. If you had an open container, the court will assume that you made a poor choice, and it may use that to increase your punishment. That is why it is important to have someone who understands how the courts work and how to protect your rights.
What You Can Do Right Now
If you were charged with DWI and an open container violation, the first thing to do is not panic. It can be hard to stay calm, but getting upset will not change what happened. Instead, focus on what you can control. That starts with talking to a lawyer who knows how to deal with these charges.
Write down what happened during the traffic stop while it is still fresh in your mind. What did the officer say Did you agree to take any tests Where was the container found The more details you remember, the better your defense can be. Bring this information when you meet with your lawyer.
Avoid talking to other people about the case. That includes social media. Anything you say can be used against you in court. Instead, talk only to your lawyer. They are the one person who is on your side and has your best interests in mind.
We Know This Is a Hard Time and We Can Help
If you are going through a DWI case involving an open container in Texas, you may feel like everything is falling apart. But you do not have to face it alone. There is a way forward. The right legal support can make all the difference in how your case ends.
At the Wilder Law Firm, we understand how stressful this moment is. We have helped many people in situations just like yours. You deserve a strong defense and someone who will fight for the best outcome. Let us take some of that weight off your shoulders.
Call us today and let’s talk about your case. The sooner we begin, the better your chances of a good result. You have options. Let the Wilder Law Firm help you find them.